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Item 3AAGENDA ITEM # 3A MAY 24, 2010 May 18, 2010 MEMORANDUM TO: The Honorable Mayor and Members of the City Commission FROM: Jim Hanson _.~--C'ity'l0t"anager SUBJECT: Follow-up eport Staff Resort on possible development; at the last commission meeting, a Commissioner asked about a staff report dated August 10, 2004 from Sonya Doerr outlining possible development that could occur on undeveloped property in Jacksonville adjacent to Atlantic Beach (presently known as The Estates). The specific question was "why is the City taking up staff time and resources to do developers presentation; why the developer did not come and address the Commission himself, as most do; why did the City vet this information before presenting it to the Commission?" The report resulted from a request made at the previous commission meeting on August 9, 2004 when Mayor Meserve reported that he had received a letter from Attorney Paul Harden proposing to annex and develop the property. Commissioner Waters requested that staff put together information concerning annexation, and possible uses for the property under the current (Jacksonville) zoning. A copy of that portion of the minutes from the August 9, 2004 meeting is attached. Also attached is a copy of the August 10, 2004 staff report from Sonya Doerr. City of Jacksonville Requirements for Tree Mitigation; it was also alleged in the last commission meeting that the City of Atlantic Beach would not be required to pay mitigation for any trees removed in the proposed street right-of--way of The Estates and related to the sewer line project. This statement is not correct. Atlantic Beach would be subject to tree mitigation payments to Jacksonville for this project if any trees were to be removed. Engineers working for the City of Atlantic Beach contacted Jacksonville officials starting in 2008 and had continuing correspondence with them as late as March of 2010. An e-mail from John Collins, engineer working on behalf of the City, dated May 12, 2010 is attached along with a string of previous e-mails showing that the City of Jacksonville staff interpreted their rules to require that Atlantic Beach would be subject to tree mitigation. AGENDA TI'EM # 3A MAY 24, 2010 August 9, 2004 REGULAR COMMISSION MEETING Page 12 ~ • Noted that the JEA was severely trimming trees in the city and they looked homblc. It was suggested that staff contact them to see if something could be done to prevent the damage. Commissioner Beaver • Agreed with Commissioner Simmons concerning the tree trimming and stated that he wished the trees were pruned horticultwally correct. Commissioner Beaver suggested that the City Manager send a letter to the company requesting the company abide by the city's rules. Mayor Meserve • Reported there would be no city-sponsored Super Bowl events at the beach since Jacksonville would not be providing funding or transportation for the events. He indicated that the deadline for sanctioning an event had passed and he had dissolved the Super Bowl Committee chaired by former Commissioner Borno. The Mayor stated he would continue to see if anything could be done and the city would still need a security plan. • Reported he had received a letter from Attorney Paul Harden concerning The Estate of Atlantic Beach, LLC, which proposed to annex and .-~ develop property located in 3acksonville, on Old Sherry Drive just west of Oceanwalk. He commented on some of the options for the development and requested that Commissioners give some thought to the request and be prepared to discuss it at a future meeting. Commissioner Waters requested that staff put together information concerning annexation, and possible uses for the property under the current zoning. • Reported that the access road to Johnston Island belonged to Florida Department of Transportation. Adjournment There being no further adjourned at 9:50 p.m. ATTEST: Gtl ~., Maureen King Certified Municipal Mayor declared the meeting Mayor/Presiding Officer AGENDA ITEM # 3A MAY 24, 2010 ~I~~ ®I+ A.T~.AI~'I'gC ~~AC~I ~IT~ C®IVII~ISSI®l~ S'I'A~'~ REP®R~' AGLI~IDA I7CIJIVI: Infox•mation x•elated to proposed develapxnent site within the City of 3acl~sonville, which is contiguous to the City of Atlantic Beach (north of the Fleet Landing P1<JD and ,vest of the ®eean walk PUD) ~I1»MIT'I'lElO BY: Sonya Doerr, AICP „~:.; ~ Community Development Directox• DA'I'lE: August 10, X004 ~ACKGR~gTl~TI~o The subject property contains approximately 27 acres with about 17 acres of regulatory wetlands. (Please bear in mind that all information provided within in this report, which describes the proposed development, is provided voluntarily by the property owner. This property is outside of the City of Atlantic Beach municipal limits; therefore, no applications for development permits, and no information of record have been submitted to the City of Atlantic Beach.) The property owner has expressed an interest to the COAB~ and the COJ in seeking annexation of the property into the COAB, and describes the intended plan of development as up to 30 .---.., single-family lots, which would exceed the RS-1~- Zoning District requirements and comply tivith the Residential, Low Density Comprehensive Plan future land use designation. The property owner wishes to access the site from the SeIva Marina 1 Old Sherry Drive right- of-way, which is a platted, but partly unconstructed public right-of--way. It appears that this right-of--way or Mayport Road would provide the only reasonable means of access to the site. The property owner has characterized the proposed project as being more in keeping with existing Atlantic Beach development patterns, as opposed to that existing along Mayport Road in the vicinity of this project; thus the desire to annex the property into the city of Atlantic Beach. The property currently has a COJ zoning designation of RMD-D (Residential, Medium Density. The COJ 2010 Comprehensive Plan Future Land Use Map designation of this property is MDR (Medium Density Residential) and the MDR category allows a "gross density range" of up to 20 dwelling units per acre. The gross acreage of the property is about 27 acres, which hypothetically could support in the range of 450 - 500 multi-family dwelling units. (The City of Jacksonville MDR and RMD-D regulations are attached.) There is no "fixed" height limit for multi-family use in the RMD-D district. Height is based upon incremental increases in required setback. The COJ Comprehensive Plan, however, does state that low-rise multi-family is the predominant land use in the MDR land use category, but there is nothing that indicates high-rises would be prohibited if the required setbacks could be met. AGENDA ITEM # 3A MAY 24, 2010 If the property were to be annexed to the City of Atlantic Beach, a zoning designation of either RS-1 or PUD, and a Comprehensive Plan future land use designation of Residential, Low Density would seem to be appropriate. The project would be subject to all Land Development Regulations in effect at the time any permits were sought, including zoning provisions, wetland protection, tree regulations, stormwater requirements, etc. Annexation pxocedures are set forth within State law, and the COAB 1995 Agreement with the COJ (subsequent to the original 1982 Interlocal Agreement) also addresses annexation within paragraph 12 (attached) of that Agreement. The exact annexation procedure that would apply to this property is under review. RECOMMENDATION: Discussion; no action required at this time. ATTACHMENTS: Map of property, COJ Comprehensive Plan and zoning regulations for this site, paragraph 1 and 12 of the COAB Agreement with the COJ addressing annexation. REVIEWED SY CITY MANAGER: ~^ / August 23, 2004 regular meeting 2 AGENDA ITEM # 3A MAY 24, 2010 From: John Collins To: Hanson, Jim; cc: Kaluzniak, Donna; "Gordon"; Subject: F11V: City R/W protected tree removal -Atlantic Beach Project Date: Wednesday, May 12, 2010 12:37:10 PM Hi Jim: Per your request -could the design team provide a brief historical summary of when it was determined that the COAB TMDL Sewer Piping Project would be subject to COJ tree mitigation - i.e. portions that are located in Duval County? The planning & design team (HDR or JCEA) evaluated as many as 16 TMDL sewer piping routes to relocate wastewater from Buccaneer WWTP (the phase out) to AB WWTP. In our evaluation of at least one of the routes -the use of the old Sherry Road ROW and Selva Marina ROW (extension) was considered (old ROW was the undeveloped area west of Oceanwalk Subdivision located in Duval County) and it was determined that the piping project would be subject to COJ Tree Mitigation. The history is • Fall of 2008 -the design team was finalizing Technical Memo #2 & the cost of the alternative routes. Design team established a tree mitigation cost for the undeveloped area adjacent to Oceanwalk because previous city efforts to install pipes in same area required COJ tree mitigation (approximately 1990 by city records). • Fall of 2009 -HDR met with City of Jacksonville to discuss COJ Tree Mitigation requirements on a municipal project - COAB TMDL sewer pipe project (see HDR email below) • March 2010 -JCEA requested that Bernard Walsh, LA -employed on COAB pipe project by JCEA - to verify current COJ Tree Mitigation rules and mitigation costs. (see Walsh email below) John Collins, PE J. Collins Engineering Associates, LLC 11516-3 San Jose Blvd. Jacksonville, FL 32223 904-262-4121 904-716-6282 (cell) HDR Email AGENDA ITEM # 3A MAY 24, 2010 Wed 9/9/2009 5:05 PM Jim, Billy Burke and I met with Kim Stewart and John Larson of COJ concerning our approach to estimating the mitigation costs. Mr. Larson indicated that he has had several conversations with area residents concerning the clearing. They concurred that our approach was acceptable and that if a COJ street could be put in the proposed easement at the same time preserving trees that would be the best thing. In fact, they have some new design guidelines and options that may help with developer with preserving trees as he develops. Kim did agree that if the pipe line was directional drilled across the property, then the only mitigation that would be considered is what trees had to be removed to accommodate the equipment. So that everyone understands, please allow me to clarify that HDR did not do a complete roadway design. Our approach was to make a solid attempt to provide an estimate for mitigation if a 30 foot wide alignment was pushed through the property, avoiding trees. This alignment should be adequate to design a roadway with the character that The Estates would want. Gordon Grimes, PE Senior Project Manager HDR ONE COMPANY ~ Many Solutions 200 West Forsyth Street I Suite 800 I Jacksonville, Florida 32202 Direct 904.598.8948 I Fax 904.598.8988 I Walsh Email From: Davis, Paul [mailto:PDavis@coj.net] Sent: Thursday, March 11, 2010 11:00 AM To: walshandwalsh@bellsouth.net Subject: FW: City R/W protected tree removal Note: The city will require tree protection that is based on locating the barricade one foot away from the tree for each one inch caliper, so the survey should pick up every tree in the easement plus any those is large enough and close enough to warrant a barricade. Paul M Davis, AICP, ASL.A City Planner III, FL Landscape Architect Reg. No. LA0000936 AGENDA ITEM # 3A MAY 24, 2010 City of Jacksonville Planning and Development Department Ed Ball Building, 214 North Hogan Street, Room 3024 Jacksonville, Florida 32202 Telephone (904) 255-7822 Email pdavis@coj.net From: Davis, Paul Sent: Thursday, March 11, 2010 10:25 AM To: 'BERNARD L WALSH RLA' Subject: RE: City R/W protected tree removal Yes. They are protected and replacement is 1:1 based on inches. Paul M Davis, AICP, ASLA City Planner III, FL Landscape Architect Reg. No. LA0000936 City of Jacksonville Planning and Development Department Ed Ball Building, 214 North Hogan Street, Room 3024 Jacksonville, Florida 32202 Telephone (904) 255-7822 Email pdavis@coj.net From: BERNARD L WALSH RLA [mailto:walshandwalsh@bellsouth.net] Sent: Thursday, March 11, 2010 9:22 AM To: Davis, Paul Subject: RE: City R/W protected tree removal Paul, The project we are working on is a proposed 18 lot residential development located within the City limits of Jacksonville. The property is located immediately west of the city limits of Atlantic Beach. Our Client is Atlantic Beach Utilities. The protected trees and Cabbage Palms have been surveyed and evaluated by a Certified Arborist. We are currently preparing alternate roadway alignments to minimize specimen tree removal. There is a significant number of Cabbage Palms. Are Cabbage Palms projected? If so, we will have to mitigate. Your response would be appreciated. Bernard Walsh AGENDA ITEM t! 3A MAY 24, 2010 From: Davis, Paul [mailto:PDavis@coj.net] Sent: Tuesday, March 09, 2010 10:05 AM To: BERNARD L WALSH RLA Subject: RE: City R/W protected tree removal • Trees equal to or greater than 6 inches are protected. • Trees located on a property boundary are owned jointly by both property owners and should be shown and protected. • Tree protection barricades should be shown on the plan as one foot from the tree for every inch caliper. • Mitigation payments to the tree fund are not aowner/contractor option; it is allowed only when there is no practical way to mitigate through on-site mitigation plantings. • Current mitigation cost is $103 per inch. $44 per inch for palms and pines. • All protected trees and an existing tree condition/disposition list should be shown on the plans. , • All trees greater than 11.5 inches must be mitigated with shade trees. Trees 6-11 inches non-shade trees may be used. Paul M Davis, AICP, ASLA City Planner III, FL Landscape Architect Reg. No. LA0000936 City of Jacksonville Planning and Development Department Ed Ball Building, 214 North Hogan Street, Room 3024 Jacksonville, Florida 32202 Telephone (904) 255-7822 Email pdavis@coj.net From: BERNARD L WALSH RLA [mailto:walshandwalsh@bellsouth.net] Sent: Tuesday, March 09, 2010 9:53 AM To: Davis, Paul Subject: FW: City R/W protected tree removal Paul, If you can answer my question that I sent to Kim, it would be appreciated. Bernard Walsh From: BERNARD L WALSH RLA [mailto:walshandwalsh@bellsouth.net]